Intoxicating Liquors FAQ 20

Does state law require a person with an operator’s license or
person deemed to have an operator’s license on premises covered by a
temporary (i.e., picnic) license?

Yes. A
person with an operator's license or a person deemed to have an
operator's license must be on the premises covered by a Temporary Class
"B" beer (picnic) license and on the premises covered by a Temporary
"Class B" (picnic) wine license during all times when activities
authorized by the license are being conducted. See Wis. Stat. secs.
125.32(2) and 125.68(2). Given that a picnic license may only be issued
to a bona fide club or organization, the license cannot be issued to a
natural person and there is really no method by which a person may be
deemed to hold an operator's license in such circumstance except
possibly as the designated agent of a nonprofit corporation which is
also a bona fide club or organization.

Notably, a governing
body may issue temporary operator's licenses to persons who are employed
by or donating their services to nonprofit corporations but a person is
limited to only two such license per year. The temporary operator's
license is valid for any period from 1 to 14 days which must be
specified on the license. Wis. Stat. sec. 125.17(4).

As with
other types of licensed premises, not all persons serving or selling
alcohol at a premises subject to a picnic license must hold an
operator's license or be deemed to hold such a license. A person without
an operator's license may serve or sell alcohol beverages at a picnic
license premises provided they are 18 or older and are under the
immediate supervision of a person with an operator's license or a person
deemed to hold such a license.